- 30 - at the time that respondent took the position in the litigation. Coastal Petroleum Refiners v. Commissioner, 94 T.C. at 689. Ordinarily, we identify the point at which the United States is first considered to have taken a position, determine what that position was, and then decide whether that position, taken from that point forward, was or was not substantially justified. Maggie Management Co. v. Commissioner, 108 T.C. at 442. Ordinarily, the position of the United States in the proceeding in this Court is the position respondent sets forth in the answer. Huffman v. Commissioner, 978 F.2d at 1147-1148; Maggie Management Co. v. Commissioner, 108 T.C. at 442. 1. Summary and Conclusions For purposes of section 7430, the position of the United States in the proceeding in this Court is the position respondent took in the answer–-that is, (1) petitioner was not entitled to the earned income credit; (2) petitioner had not provided the requested documentation to support his claimed earned income credit; and (3) respondent did not have information as to the truth of petitioner’s factual assertions as to petitioner’s eligibility for the earned income credit. By the time respondent filed the answer, respondent did not have any documentation supporting petitioner’s claimed earned income credit. We do not believe petitioner himself provided such documentation; we do not believe petitioner provided suchPage: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
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